What Defense Can A DUI Attorney Do For Us?
Reader’s Question:
My husband was charged with DUI here in Baltimore, Maryland. I am close to convincing him in getting a DUI lawyer. If we will be able to hire one, what are the defenses that we could have from a DUI lawyer?
Denise
Baltimore, MD
It would be a smart move for you to hire a Maryland DUI lawyer to defend your husband on his case. A DUI lawyer can be able to suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses for trial, negotiate for a lesser charge or reduced sentence, contest the administrative license suspension, and handle a DUI trial with the greatest odds of success.
Here are the possible defenses you could have if you will hire a Maryland DUI lawyer:
-Intoxication is actually not enough. The DA should be able to prove that you are driving.
-Evidence can be and will be suppressed if the police officer did not have a legal cause to stop, detain and arrest your husband.
-Incriminating statements may be suppressed if Miranda warnings were not given at the appropriate time.
-If the police officer did not advise your husband of the consequences of refusing to take a chemical test, or gave it incorrectly, this may invalidate a DMV license suspension based upon a refusal to provide a breath or blood sample.
-The police officer’s observations and opinions as to intoxication can be questioned.
-The defects in breath test analysis can be brought out by obtaining the maintenance and calibration records of the machine or in cross-examination of the state’s expert witness and/or you can hire your own forensic chemist.
-Your DUI lawyer can also use blood alcohol testing defenses. The problems with blood alcohol testing could happen if the person who drew blood was no a licensed phlebotomist, the blood vial didn’t have a certain percentage of preservatives and anti-coagulants, the blood was not available for re-testing, the blood was exposed to bacteria (in the air or otherwise), the blood testing machine was not maintained and calibrated, the blood was not homogenized, the vial didn’t follow a chain of custody, and the blood was not taken within three hours of driving.
-Medical issues such as being diabetic, on Atkins related diets, a person with acid reflux, with eye, knee, neurological or other physical defects, or on medication can often create a false positive conclusion that your husband was under the influence.
-The blood, breath or urine test will be unreliable if done while your husband was still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption and this can be delayed if food is present in the stomach).
-If the blood, breath or urine test did not comply with the state of Maryland’s requirements as to calibration, maintenance, etc., and sometimes, it is discovered that a machine had mechanical problems, making the test excludable and sometimes dismissing the entire case.